XI. FDIC Insurance: The funds in your Account will be FDIC insured up
to a maximum of $250,000.00. The insured amount may increase or decrease
and is subject to limits set and reset by the FDIC from time to time.
XII. Incomplete Transactions: Neither Global nor any service provider
to Global shall be liable for failing to complete a transaction due to insufficient
funds in your Account; or if circumstances beyond their control prevent the
completion of the transaction, including, without limitation, the acts or
omissions of any ACH, check or other processor, the National Automated
Clearing House Association, the Federal Reserve System, any bank, or the
directive of any regulatory authority.
XIII. Error Resolution Procedures: In the event of potential errors or
questions concerning specific transactions involving your Account, you must
call or write Global’s Customer Support no later than sixty (60) days after the
transaction in question appears on your monthly statement. Furthermore, at
the very minimum you must provide Global with the following information:
1. Your full name and Account number;
2. The date and amount of the transaction;
3. The type of transaction and a description of the suspected error
(please explain as clearly as possible why you believe there is an
error or why you need additional information); and
4. The dollar amount of the suspected error.
If you provide the information over the phone, you may be asked and required
to provide it again in writing within ten (10) business days. Global will inform
you of the results of the investigation of the suspected error within ten (10)
business days after you submit the information and any error will be promptly
corrected. However, if Global requires more time to investigate the suspected
error, it may take up to an additional thirty (30) days to complete the
investigation. If Global determines that there is no error, you will be provided
with a written explanation within three (3) business days of such
determination; and you may ask for and receive copies of the documents
used in making any such determination.
XIV. Creditor Disputes: You understand and agree that Global is not
a party to your debt settlement program, and does not participate in the
negotiation of your debts. This Agreement is separate and independent
of any contractual obligations you may have with your creditors or debt
settlement provider. Accordingly, you hereby expressly acknowledge
that Global does not have any involvement in or responsibilities of any
kind or nature with respect to your contractual agreement with your
creditors or your debt settlement provider, your debt settlement
program or the results that you may or may not achieve from your
participation in a debt settlement program. Furthermore, you hereby
expressly acknowledge that any representation, statement, or
obligation made by your debt settlement provider or made in connection
with your debt settlement program is not made on Global’s behalf, and
does not and cannot bind Global. Finally, you expressly acknowledge
that Global shall not be liable for any actions taken by, or conduct of,
your debt settlement provider in connection with your debt settlement
program. You hereby agree to indemnify Global, and hold Global, its
parent and subsidiaries, directors, officers, shareholders, and
employees harmless from any damages (including attorneys’ fees)
resulting from the breach of any of the above warranties.
XV. Garnishment Acknowledgement: In the event that a creditor of
yours moves to garnish funds in your Account, you expressly acknowledge
that Global will answer the garnishment and comply with any writ issued
by the Court in accordance with the applicable state law. Furthermore,
you expressly acknowledge that Global will not be responsible for
challenging or raising a defense to the garnishment on your behalf. You
specifically agree to indemnify and hold Global harmless from any loss,
liability, obligation, damage, cost and expense resulting from a creditor’s
attempt to garnish and/or hold Global liable for any judgment against you.
XVI. Governing Law: This Agreement shall be governed by the laws of
the state where you reside, except that the state’s rules or statutes governing
arbitration procedures shall not apply. If any part of this Agreement is declared
void or unenforceable, such provision(s) shall be deemed severed from this
Agreement, and the remainder of this Agreement shall remain in full force and
effect. This Agreement may be modified to the extent necessary to give such
force and effect to the remaining provisions. No delay or forbearance in the
strict observance or performance of any provision of this Agreement, nor any
failure to exercise a right or remedy hereunder, shall be construed as a
waiver of such performance, right, or remedy, as the case
may be.
XVII. ARBITRATION OF DISPUTE – IMPORTANT NOTICE WAIVING
YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN
COURT: In the event of any controversy between the parties, including, but
not limited, to any claim, dispute, suit, demand, cross claim, counterclaim,
or third party complaint (whether contractual, statutory, in tort, or otherwise)
arising out of or relating to this Agreement or its performance, breach,
termination, enforcement, interpretation or validity, including the
determination of the validity, scope or applicability of this provision to
arbitrate, must be resolved by binding and confidential arbitration. This
arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9
U.S.C. § 1 et seq., and not by any state rule or statute governing arbitration.
Arbitration under this provision will be conducted in either the county in
which the consumer resides or the closest metropolitan county. THE
PARTIES AGREE THAT ARBITRATION WILL BE BEFORE A SINGLE
ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR
MASS ACTION. FURTHERMORE, THE PARTIES AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE
THAN ONE PERSON'S CLAIMS. The Arbitration will be administered by:
The Judicial Arbitration Mediation Services (“JAMS”), 1920 Main Street,
Suite 300, Irvine, CA 92614 (www.jamsadr.com); or the American
Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY
10017-4605 (www.adr.org); or another nationally known consumer
arbitration service on which the parties will agree to use. The Arbitration will
be administered according to the arbitration service’s fee schedule and the
service’s current applicable rules and procedures except: 1) that the parties
expressly waive the applicability of any rule governing class or mass action;
2) that the parties agree to have an in-person final hearing; and 3) that the
parties agree that any specific arbitration procedure provided for herein will
apply to the arbitration proceeding. The arbitrator – who must be either a
retired judge or an experienced attorney - must be neutral and independent
and must comply with the selected arbitration service’s code of ethics.
Additionally, the arbitrator will be guided by the Federal Rules of Evidence
and “governing substantive” law. The arbitrator’s award is final and binding
on all parties. The parties may move to confirm or vacate the award in a
court of competent jurisdiction in accordance with the provisions of the FAA.
The parties will bear their own attorneys’ fees unless such fees are expressly
provided for by applicable law. If the arbitrator determines that reasonable
attorneys’ fees are to be awarded under applicable law, the parties agree
that the arbitrator will also determine the amount of reasonable attorneys’
fees to be awarded. In the event a party fails to proceed with arbitration,
fails to comply with the arbitrator’s award or unsuccessfully challenges the
arbitrator’s award, the other party is entitled to any costs and expenses
incurred, including a reasonable attorneys’ fee for having to compel
arbitration or defend or enforce the award.
What is Binding Arbitration? Binding Arbitration is an alternative
dispute resolution process where both parties give up certain legal
rights to bring a claim in court. Binding Arbitration means: (1) that
both parties give up their right to a trial in court before a judge or jury;
(2) that both parties give up the right to appeal from the arbitrator’s
ruling except for a narrow range of appealable issues expressly
provided for in the FAA, 9 U.S.C. § 16; and (3) that discovery may be
severely limited by the arbitrator, and if the arbitrator allows full
discovery, the arbitrator may not exceed the discovery limitations
provided by the Federal Rules of Civil Procedure. I UNDERSTAND
THAT I MAY OPT-OUT OF THE TERMS OF THE “ARBITRATION OF
DISPUTE” PROVISION BY PROVIDING GLOBAL NOTICE IN WRITING
WITHIN THIRTY (30) DAYS OF SIGNING THE AGREEMENT. I
understand that the notice must be sent to Global’s Customer Support
using certified mail or sent by electronic mail to the addresses
provided in this Agreement. If I do not timely opt-out, I agree to the
terms of the “ARBITRATION OF DISPUTE” provision.
I acknowledge that I have read, understood, and agree to abide by the
terms of the arbitration provision set forth above, and fully
understand that arbitration replaces the right of either party to go to
court and replaces the right to have a judge or jury hear of decide
either party’s dispute or claims.
SIGNATURE: